defect

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Related to defects: latent defects

Defect

Imperfection, flaw, or deficiency.

That which is subject to a defect is missing a requisite element and, therefore, is not legally binding. Defective Service of Process, for example, is service that does not comply with a procedural or jurisdictional requirement. A defective will is one that has not been properly drawn up, has been obtained by unlawful means, or does not comply with a particular law. In some cases, however, defects can be cured; for example, defective service of process can be cured by the service of an amended complaint.

In Product Liability, a defective product is one that cannot be used for the purposes intended or is made dangerous as a result of a flaw or imperfection. Such a defect might exist in the entire design of a product or in the production of a particular individual product. A latent defect is one that is not readily observable by the buyer of an item, whereas a patent defect is obvious or immediately apparent upon observation.

A fatal defect is one that, due to its serious nature, serves to nullify a contract.

defect

n. an imperfection, quite often so great that the machinery or written document cannot be used. A car that will not run or has faulty brakes has a defect, and so does a deed in which a party who signed the deed to give over property did not have title to the property. There are also minor defects, like scratches that only lessen value, but do not make an object useless. (See: defective, defective title)

defect

in the law of tort or delict, a defect exists if the safety of the product is not such as persons generally are entitled to expect. In terms of the Consumer Protection Act 1987, defect is further explained as involving an examination of all the circumstances, including: the manner in which, and purposes for which, the product has been marketed; its get-up; the use of any mark in relation to the product and any instructions for, or warnings with respect to, doing or refraining from doing anything with or in relation to the product; what might reasonably be expected to be done with or in relation to the product; and the time when the product was supplied by its producer to another. Even if a product is defective, that is not enough to establish liability, particularly in light of the defences available.

DEFECT. The want of something required by law.
     2. It is a general rule that pleadings shall have these two requisites; 1. A matter sufficient in law. 2. That it be deduced and expressed according to the forms of law. The want of either of these is a defect.
     3. Defects in matters of substance cannot be cured, because it does not appear that the plaintiff is entitled to recover; but when the defects are in matter of form, they are cured by a verdict in favor of the party who committed them. 3 Bouv. Inst. n. 3292; 2 Wash. 1; 1 Hen. & Munf. 153; 16 Pick. 128, 541; 1 Day, 315; 4 Conn, 190; 5 Conn. 416; 6 Conn. 176; 12 Conn. 455; 1 P. C. C. R. 76; 2 Green, 133; 4 Blackf. 107; 2 M'Lean, 35; Bac. Ab. Verdict, X.

References in periodicals archive ?
'The audit analysis of the Bridge and Pavement Asset Inspection Report that was carried out in 2016 also found 105 defects on the bridge that were classified as category four (4) severity with a period of between 230 days to 529 days where there are still no actions to repair.
Conclusion: Scalp and forehead defects, if treated adequately, can heal with stable and aesthetically acceptable results and flap selection should be individualized according to the defects, patient's factors and availability of particular flap.
The researchers found that women whose infants had heart defects had a higher overall incidence of cardiovascular hospitalization.
Statistical analysis was performed by means of a one-tailed unpaired Student's t-test (significance defined as p < 0.05) to compare prosthesis displacements relative to each scapula (8.5 mm and 12.5 mm anterior defects versus no-anterior defect) in the directions of the shear and compressive loads before and after cyclic loading.
The identification and isolation of defects in the green bean is an issue that continues to challenge the speciality coffee industry.
"The higher proportion of these defects among pregnancies with laboratory evidence of Zika infection in USZPR [U.S.
Statewide data from birth defects surveillance programs in Massachusetts and North Carolina for 2013 and from a surveillance program in three counties in metropolitan Atlanta, Georgia, for 2013-2014 were chosen for analysis because these programs conducted population-based surveillance for all types of birth defects, used active multisource case-finding, and were rapidly able to provide individual-level data with sufficient detail to apply all inclusion and exclusion criteria (4).
The Objective of the present study was to evaluate the efficacy of buccal fat pad in reconstruction of intra-oral defects, elaborate the surgical technique used and also identify its post operative complications.
While FHA's methodology differs dramatically from Fannie Mae's, the very fact of its creation signals renewed effort and focus on the type of defects in loans being submitted for FHA insurance.
The First American Loan Application Defect Index fell 2.5 percent in October as compared with September and decreased by 10.2 percent as compared with October 2014.
The results obtained showed that incomplete incorrect inconsistent ambiguous incomprehensible and unnecessary defects are occasionally present in the police reports with ambiguity being the most prevalent.
SPC and AOI are the primary tools used to identify trending defects and better pinpoint the root cause.